 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on December 19, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-16657

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This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AIR CANADA                                                  
                                    Date Filed:  December 5, 2003

Relief requested:  Statement of Authorization under 14 CFR Part 212 to
permit Air Canada and its subsidiary Jazz Air to carry the code of
Singapore Airlines, for an indefinite duration, on scheduled flights
operated by Air Canada and/or Jazz Air, between any point or points in
Canada and any point or points in the United States (in conjunction with
Singapore Airlines’ services between Singapore and the United States).

If renewal, date and citation of last action:  New authority.

Applicant representative:  Anita Mosner, 703-294-5890            DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.                                                      
                                               Action date:  December
19, 2003

Effective dates of authority granted:  indefinite duration (see below).

Basis for approval:  For Canada, the United States-Canada Air Transport
Services Agreement; and, for Singapore, The Multilateral Agreement on
the Liberalization of International Air Transportation.

Remarks/Conditions:  The code-share authority that we granted is subject
to the following conditions:  1) The Statement of Authorization will
remain in effect only as long as (i) Air Canada, Jazz Air and Singapore
Airlines continue to hold the necessary underlying authority to operate
the code-share services at issue, and (ii) the code-share agreement
providing for the code-share operations remains in effect.  2) Air
Canada, Jazz Air and Singapore Airlines must promptly notify the
Department (Office of International Aviation) if the subject agreement
providing for these code-share operations is no longer effective or the
carriers decide to cease operating any or all of the approved services. 
(We expect this notice to be received within ten days of such
noneffectiveness or of such decision and filed in Docket OST
2003-16657).  3) Air Canada, Jazz Air and Singapore Airlines must notify
the Department no later than 30 days before they begin any new
code-share service under the code-share services authorized here.  Such
notice shall identify the market(s) to be served, and the date on which
the service will begin.  Such notice should be filed in Docket OST
2003-16657.  4) The code-share operations conducted under this authority
must comply with 14 CFR Part 257 and with any amendments to the
Department’s regulations concerning code-share arrangements that may
be adopted.  5) Notwithstanding any provisions in the contract between
the subject carriers, our approval here is expressly conditioned upon
the requirements that the subject foreign air transportation be sold in
the name of the carrier holding out the service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(that is, the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected.  6) The code-share
authority granted here is specifically conditioned so that neither
carrier shall give any force or effect to any contractual provisions
between themselves that are contrary to these conditions.

Action taken by:   Paul L. Gretch, Director	

		      Office of International Aviation	

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Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975. 


To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

